How the Military Divorce Process Differs From Civilian Divorce

My father joined the US Army as a doctor when I was 16 years old while my family moved abroad. By the time he left the army, after a tour in Kuwait and a tour in Iraq he had the ranking of colonal. A year into his joining the military, my mother asked for a divorce. When you divorce in the military, things are more complicated than a civilian divorce. Here are ways that they differ.

Divorce can be an overwhelming and emotionally taxing experience, and when one or both spouses are members of the military, the process can become even more complicated. Did you know that some believe that military couples have similar or even lower divorce rates compared to civilian couples?

This could be because the military provides a stable income, excellent benefits, and strong support systems for families and couples. According to military divorce lawyer Todd K. Mohink, military divorces often differ from civilian divorces in several ways because of the unique circumstances and legal considerations surrounding military life.

Let’s look at the military divorce process:

Legal Considerations for Military Divorce

Unlike civilian divorces, military divorces have specific rules and regulations governed by federal and state laws. One aspect to consider is the division of military pensions and benefits, which can be complicated and require a clear understanding of the Uniformed Services Former Spouses' Protection Act (USFSPA).

In military divorces, issues like deployment and relocation can impact child custody and visitation arrangements. According to Mathis Bates and Klinghard PLLC, you must address these challenges early on to have a smoother process.

Service members on active duty are protected by the Servicemembers Civil Relief Act (SCRA), which may delay court proceedings to allow them to focus on their military duties.

Understanding military divorce laws can help you handle the process more effectively. Seeking legal counsel experienced in military divorces can provide the guidance needed to protect your rights and interests.

Division of Military Benefits

The division of military benefits in a divorce can be a complicated process that requires careful consideration of different factors.

Military benefits, like pensions, healthcare, and survivor benefits, are subject to specific rules and regulations that differ from those in civilian divorces. When dividing military benefits, you must understand the USFSPA, which governs how military benefits can be distributed during a divorce.

Under the USFSPA, the 10/10 rule is important; it states that for a former spouse to receive a portion of the military member's retirement pay directly from the Defense Finance and Accounting Service (DFAS), the couple must have been married for at least 10 years overlapping with 10 years of military service.

Even if the 10/10 rule isn't met, state courts can still consider military benefits as part of the overall asset division in the divorce settlement.

Residency and Filing Requirements

Military personnel can file for divorce in the state where they're stationed, where they claim legal residency, or where their spouse resides. This flexibility can make it easier for military couples to meet residency requirements, especially if they've moved frequently due to deployments or reassignments. You should also know the rules of the state where you choose to file, as they can vary.

When filing for divorce, military members are protected by the Servicemembers Civil Relief Act (SCRA), which can postpone legal proceedings while they're on active duty. This act reduces the stress of legal matters during deployment and guarantees that service members have the opportunity to participate in divorce proceedings once they return.

Impact of Deployments on Divorce

Deployments during military service can impact the dynamics and outcomes of divorce proceedings for service members and their spouses.

Extended periods of separation after deployments can strain relationships, leading to increased stress and communication challenges. The emotional toll of being apart for long stretches can worsen existing marital issues or create new ones, potentially contributing to the decision to pursue divorce.

Deployments can complicate the divorce process logistically. Service members' schedules may be unpredictable, making it challenging to coordinate legal proceedings. Distance can also be a barrier, as individuals may be stationed far from their home state or even overseas, affecting their ability to attend court dates or meet with attorneys.

The stress of deployments coupled with the uncertainties of military life can complicate an already difficult situation. Handling the complications of divorce while managing the demands of military service requires careful consideration and understanding of the unique challenges that deployments can introduce into the process.

Child Custody and Support Matters

When considering custody arrangements, courts prioritize the child’s best interests. The unpredictability of military life can make creating a stable custody schedule challenging. In some cases, one parent's military obligations may limit their ability to have physical custody, leading to joint or sole custody arrangements.

Child support in military divorces follows state guidelines, but unique factors are considered. The service member's base pay, housing allowance, and other benefits are considered when determining child support obligations.

Deployments, promotions, or changes in duty stations can affect these calculations. Make sure that child support payments continue consistently, even during deployments.

Conclusion

The military divorce process presents unique challenges compared to civilian divorce. Deployments can complicate the process, affecting child custody and support matters.

Understanding these differences is important for military couples going through a divorce.